Penalty provisions for unfair competition
Violation of the Anti-Unfair Competition Law 》, administrative penalties such as ordering to stop illegal activities, confiscation of illegal gains, fines, and revocation of business licenses will be imposed.
1. If an operator violates the provisions of this Law and causes damage to the infringed operator, he shall bear liability for damages. The infringed operator's losses are difficult to calculate. , the amount of compensation shall be the profits gained from the infringement during the infringement period; and the infringed operator shall bear the reasonable expenses paid by the operator for investigating the operator's unfair competition behavior that infringes upon its legitimate rights and interests. If the legitimate rights and interests of the infringed Operators are harmed by unfair competition, they may file a lawsuit with the People's Court.
2. Operators counterfeit other people’s registered trademarks, use other people’s business names or names without authorization, forge or impersonate quality marks such as certification marks and famous quality marks, and forge place of origin. , who makes misleading false representations about product quality shall be punished in accordance with the provisions of the Trademark Law of the People's Republic of China and the Product Quality Law of the People's Republic of China. If an operator uses the unique name, packaging, or decoration of a well-known commodity without authorization, or uses a name, packaging, or decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities and causing buyers to mistake them for the well-known commodities, the supervision and inspection department shall The illegal conduct shall be ordered to cease, the illegal gains shall be confiscated, and a fine of not less than one time but not more than three times of the illegal gains may be imposed depending on the circumstances; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and shoddy goods constitutes a crime, criminal liability shall be pursued in accordance with the law.
3. If an operator uses property or other means to bribe to sell or purchase goods, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the supervision and inspection department shall A fine of not less than 10,000 yuan but not more than 200,000 yuan may be imposed according to the circumstances, and any illegal gains shall be confiscated.
4. Public utility enterprises or other operators with exclusive status according to law restrict others from purchasing the goods of their designated operators in order to exclude other operators.If there is no fair competition among operators, the supervision and inspection department at the provincial level or in a city divided into districts shall order the illegal conduct to cease and may impose a fine of not less than RMB 50,000 but not more than RMB 200,000 depending on the circumstances. If the designated operator uses this to sell low-quality and high-priced goods or charge excessive fees, the Supervision and Inspection Department shall confiscate the illegal gains and may impose a fine of not less than one time but not more than three times the illegal gains depending on the circumstances.
5. If an operator uses advertising or other methods to make false publicity about the product that introduces misunderstandings, the supervision and inspection department shall order it to stop the illegal behavior and eliminate the impact. It may be based on If the circumstances are serious, a fine of not less than RMB 10,000 but not more than RMB 200,000 shall be imposed. If an advertising operator, knowingly or should have known, acts as an agent, designs, produces, or publishes false advertisements, the supervision and inspection departments shall order them to cease their illegal activities, confiscate their illegal gains, and impose fines in accordance with the law.
6. Anyone who violates the Anti-Unfair Competition Law and infringes on trade secrets shall be ordered by the supervision and inspection department to stop the illegal behavior and may be fined not less than 10,000 yuan but not less than 200,000 yuan according to the circumstances. the following fines.
7. If an operator violates the Anti-Unfair Competition Law by conducting sales with prizes, the supervision and inspection department shall order him to stop the illegal behavior and may impose a fine of not less than 10,000 yuan and ten days depending on the circumstances. A fine of less than 10,000 yuan.
8. If bidders collude to bid, raise the bid price or lower the bid price; the bidder and the tenderer collude with each other to exclude competitors from fair competition, the winning bid will be invalid. . The supervision and inspection department may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances.
9. If an operator violates the order to suspend sales and is not allowed to transfer, conceal, or destroy property related to unfair competition, the supervision and inspection department may Depending on the circumstances, a fine of not less than one time but not more than three times the price of the property sold, transferred, concealed, or destroyed may be imposed.
10. If the party concerned is dissatisfied with the penalty decision made by the supervision and inspection department, he or she may apply for reconsideration to the higher-level competent authority within fifteen days from the date of receipt of the penalty decision; If you are dissatisfied with the review decision, you may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision; you may also file a lawsuit directly with the People's Court.
11. The government and its affiliated departments restrict others from purchasing the commodities of its designated operators, restrict the legitimate business activities of other operators, or restrict the distribution of commodities in regions. If there is normal circulation among the parties, the superior authority shall order the person to make corrections; if the circumstances are serious, the person directly responsible shall be given administrative sanctions by the authority at the same level or the superior authority. If the designated business operator uses this to sell low-quality and high-priced goods or overcharge fees,The supervision and inspection departments shall confiscate the illegal gains and may impose a fine of not less than one time but not more than three times the illegal gains depending on the circumstances.
12. If state agency staff who supervise and inspect unfair competition abuse their power or neglect their duties, which constitutes a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be held criminally responsible. Administrative sanctions shall be imposed.
13. Staff members of state agencies who supervise and inspect unfair competition practices engage in malpractice for personal gain and deliberately shield operators who knowingly violate the provisions of this law and commit crimes. Those who are prosecuted will be held criminally responsible in accordance with the law.
The above knowledge is the editor’s answer to the question “Penalty Provisions on Unfair Competition”. If readers need legal assistance, they are welcome to go to the Legal Savior Network for legal consultation.
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